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CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124G

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 124G

124G .         Evidence and legal proceedings

        (1)         A written report or a written record as to the contents of an oral report is to be taken to be a document that is not required to be disclosed under the Criminal Procedure Act 2004 section 35, 42, 61, 62, 95 or 96 unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in section 124F(2)(d); or

            (b)         the court concerned orders otherwise.

        (2)         A party to any legal proceedings cannot require a person to produce to the party, or the court or tribunal concerned, a report or evidence of the contents of a report unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in section 124F(2)(d); or

            (b)         the court or tribunal concerned gives leave to do so.

        (3)         A report or evidence of the contents of a report is not admissible in any legal proceedings unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in section 124F(2)(d); or

            (b)         the report or the evidence of the contents of the report is given by an officer and the proceedings are of a kind mentioned in section 124F(2)(e) to (i) inclusive; or

            (c)         the court or tribunal concerned orders otherwise.

        (4)         In any legal proceedings a person must not be asked and, if asked, is entitled to refuse to answer, any question the answer to which would give identifying information in relation to a reporter unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in section 124F(2)(d); or

            (b)         the person is an officer and the proceedings are of a kind mentioned in section 124F(2)(e) to (i) inclusive; or

            (c)         the court or tribunal concerned gives leave to do so.

        (5)         In any legal proceedings a person must not be asked and, if asked, is entitled to refuse to answer, any question as to whether a particular matter is the subject of a report unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in section 124F(2)(d); or

            (b)         the person is an officer and the proceedings are of a kind mentioned in section 124F(2)(e) to (i) inclusive; or

            (c)         the court or tribunal concerned gives leave to do so.

        (6)         Any other evidence as to identifying information in relation to a reporter must not be adduced in any legal proceedings unless —

            (a)         the proceedings are for the prosecution of an offence mentioned in section 124F(2)(d); or

            (b)         the evidence is adduced by an officer and the proceedings are of a kind mentioned in section 124F(2)(e) to (i) inclusive; or

            (c)         the court or tribunal concerned orders otherwise.

        [Section 124G inserted: No. 26 of 2008 s. 5.]